Tripura High Court
Smt. Anupama Sarkar vs State Of Tripura on 23 February, 2022
Author: S. Talapatra
Bench: S. Talapatra
HIGH COURT OF TRIPURA
AGARTALA
WP(C)No.801 of 2021
WP(C)No.802 of 2021
In WP(C)No.801 of 2021
Smt. Anupama Sarkar,
Assistant Engineer, PWD (R & B)
Division-V, Agartala
---- Petitioner(s)
-VERSUS-
1. State of Tripura,
represented by the Secretary to the
Government of Tripura,
Public Works Department,
New Secretariat, Agartala, 799 010
2. Engineer-in-Chief,
Public Works Department,
PWD, New Capital Complex,
Agartala, 799 010
---- Respondent(s)
In WP(C)No.802 of 2021 Smt. Rupa Sarkar, Assistant Engineer, Office of the Superintendent Engineer, Water Resources, Circle-1, Agartala
---- Petitioner(s)
-VERSUS-
1. State of Tripura, represented by the Secretary to the Government of Tripura, Public Works Department, New Secretariat, Agartala, 799 010
2. Engineer-in-Chief, Public Works Department, PWD, New Capital Complex, Agartala, 799 010
---- Respondent(s) Page 2 of 7 For Petitioner(s) : Mr. D. K. Biswas, Sr. Adv.
Mr. G. K. Nama, Adv.
For Respondent(s) : Mr. D. Bhattacharya, G.A. Mr. S. Saha, Adv.
Date of Hearing & Judgment
and Order : 23.02.2022
Whether fit for
reporting : No
HON'BLE MR. JUSTICE S. TALAPATRA
Judgment & Order (Oral)
Both the writ petitions are set up in the common background facts and relief and hence those are clubbed together for disposal by a common order. There is no dispute that the petitioners are borne in the Grade-IV of Tripura Engineering Services. They have also completed seven years of service as required for promotion to the next grade i.e. Grade-III [Rule 15 (4) of Tripura Engineering Service Rules, 1984]. That apart, the petitioners have cleared the departmental examination and hence the petitioners do not suffer from any disability vis-a-vis Rule 21 of Tripura Engineering Service Rules, 1987.
[02] The grievance of the petitioners is that the departmental examination as conducted by the Tripura Public Service Commission, is held, twice in a year, in May and November as per the schedule as provided in the Schedule-A of the Tripura Engineering Officers Training and Departmental Examination Rules, 2008, but for the pandemic situation, according to the petitioners, the examination was held on Page 3 of 7 10th & 11th August, 2021, as evident from the notification dated 22.06.2021 issued by Tripura Public Service Commission [Annexure-3 to the writ petition].
[03] There is no dispute that the petitioners have come successfully in the said examination and they are now eligible for consideration for promotion to the post of Executive Engineer borne in the Grade-III of Tripura Engineering Service. The result of the said examination has been published by the memorandum dated 08.10.2021. For the said delay in holding the examination, a few Junior Engineers, borne in the Grade-IV of Tripura Engineering Service, have been promoted in Grade-III (Civil) on ad-hoc basis in the scale of pay of Rs.15,600/- to Rs.39,100/- (PB-4) with grade pay of Rs.7,000/- (level-17) of Tripura Pay Matrix, 2018 prospectively. However, those ad-hoc appointments are subject to the final outcome of the SLP(C)19765-19767 of 2015. The petitioners did not come within the zone of consideration when the Departmental Promotion Committee had been screening the eligible candidates for promotion to the Grade-III of Tripura Engineering Service on adhoc as they did not clear the departmental examination which is the mandatory basic for consideration of promotion to the Grade-III. [04] The petitioners have averred in paragraph-13 that the petitioners have represented for consideration for the Ad-hoc promotion having satisfied all the criteria for consideration, and there cannot be any reasonable ground to refuse the consideration when the Page 4 of 7 petitioner is eligible in all respects. The petitioners have served the notice on the respondents pressing the similar demand but without any yield. Hence, the petitioners have approached this court urging direction on the respondents to consider the petitioners for ad-hoc promotion to the Grade-III with officers whose promotion is pending for IPR, so that the petitioners do not lose out to the officers who had been appointed to the TES Grade-III (Civil) by the notification dated 17.08.2021 [Annexure-5 to the writ petition]. [05] Mr. D. K. Biswas, learned senior counsel assisted by Mr. G. K. Nama, learned counsel appearing for the petitioners has strenuously argued that since the examination could not be held in the scheduled month, the petitioners could not sit for the departmental examination and could not clear in time the said examination. If the examination was held in time, the petitioners would have cleared the said examination. The petitioners would have been eligible in that event for consideration for promotion to the Tripura Engineering Service [TES] Grade-III along with the persons who have been promoted by the notification dated 17.08.2021 [Annexure-5 to the writ petition]. Thus the petitioner have been deprived of due consideration. That apart, Mr. Biswas, learned senior counsel has contended that promotion of few officers borne in the Grade-IV of Tripura Engineering Service have been put under sealed cover as they did not submit their IPS. Those will be opened on clearance by the vigilance. At the time of their consideration, the petitioners' cases Page 5 of 7 should be considered as the petitioners cannot be faulted with for not clearing the departmental examination in time. It is the fault of the Government and TPSC as they could not hold the examination in time. [06] Mr. D. Bhattacharya, learned G.A. has strongly refuted such submissions by stating that unless an officer borne in the Grade- IV of Tripura Engineering Service cleared the departmental examination, he or she cannot be considered eligible for consideration of promotion to the TES Grade-III. Mr. Bhattacharya, learned G.A. has further contended that the submission of Mr. Biswas, learned senior counsel is fallacious and those cannot be accepted for simple reason that there had been several opportunities before the petitioners to clear the departmental examination but they could not/did not clear the same. But all on a sudden, for pandemic situation when the examination was deferred for about 2/3 months the petitioners rose from their slumber to raise a fallacious argument that for such delay, a right has befallen on them to claim eligibility from the month of May, 2021. Such reasoning is absolutely absurd and cannot be acceded to. So far the petitioner of WP(C)No.801 of 2021 is concerned she had appeared for the departmental examination on November, 2009 but only passed the Accounts. Therefore, it cannot be held that the appearance in the examination means passing of the said examination.
[07] Mr. Bhattacharya, learned G.A. has submitted that only the officers, who are borne in the Grade-IV of the Tripura Engineering Page 6 of 7 Service, having age above 55 years are exempted from appearing and passing the departmental examination for promotion. The petitioner of WP(C)No.802 of 2021 it also suffered the similar set back. She had appeared in the examination in 2010 and could only clear one subject viz. Accounts.
[08] Mr. Bhattacharya, learned G.A. has contended that the petitioners got enough opportunities to pass the requisite departmental examination to be eligible for promotion to TES Grade- III and therefore the allegation of the petitioners that TPSC could not conduct the departmental examination until 10.08.2021 and 11.08.2021 is not based on facts and sound reasoning. According to Rule 7 of Tripura Engineering Officers Training and Departmental Examination [3rd Amendment] Rules, 2019 which has come into effect from 19.10.2019, the date of passing of the departmental examination shall be the date of publication of the result of the examination by TPSC. There is no dispute that the TPSC had published the result on 30.09.2021 as such before 30.09.2021, the petitioners were not at all eligible for promotion to TES Grade-III. The ad-hoc appointments, as questioned in this writ petition, have been made as one time measure. Since the petitioners were not eligible for promotion to the next grade as they did not clear the departmental examination, their cases were not considered and there is no illegality in such non-consideration. In addition, it has been asserted by the respondents that Public Works Department, Government of Tripura by their notification No.F.6(67)- Page 7 of 7
PWD(E)/2021/14732-831 dated 04.12.2021 had forwarded the names of 26 TES Grade-IV (Degree holder) and 2 TES Grade-IV (Diploma holder) Engineers. Even though they were otherwise qualified, but since their IPS was not available, their cases are kept under the sealed cover. Their cases and the cases of the petitioners cannot be compared and equaled, therefore the similar treatment cannot be urged by the petitioners.
[09] Having regard to the submission made by the counsel for the petitioners and scrutinized the records and the relevant provisions of the rules operating in the field, this court is of the view that the reliefs as sought by the petitioners in their respective writ petitions are not only remote to the context, but absurd. As such, these ambitious writ petitions are bound to be dismissed. Accordingly, it is ordered.
However, in the circumstances of the cases, there shall be no order as to costs.
JUDGE Moumita